THE NATIONAL CONVENTION
Tabayin (Depayin)
Massacre which occurred on May 30 diminished all the expectations for the
progress of a homegrown national reconciliation process as an aftermath of
confidence building talks between Daw Aung San Suu Kyi and the State Peace and
Development Council (SPDC) since October, 2000 and her subsequent release in
July, 2003. Evidences and testimonies of
eyewitnesses confirmed conclusively that it was a premeditated attack by the
pro-military thugs under the instructions of authorities and thus, the SPDC is
accountable for it.
Daw Aung San Suu Kyi, the key dialogue
partner for the military if a substantive political dialogue takes place,
narrowly escaped from the attack but was immediately detained by the regime.
The entire National League for Democracy (NLD) leadership was either put under
house arrest or detained in prisons and all NLD offices were closed down.
Tabayin (Depayin)
Massacre was the biggest violent suppression of political dissidents after 8888
democratic uprising. In response to such
a situation, there has been growing international pressure including countries
from the region. Since the possibility
for a homegrown national reconciliation process was no longer valid,
consideration was given to formulate a framework or roadmap for democratic
transition in
To encounter international efforts to formulate a roadmap for
transition with a particular time frame and build up more pressure to
materialize the democratic transition, SPDC made a reshuffle within its
establishment and appointed intelligence chief, “Gen. Khin Nyunt” who was
perceived as a pragmatist among Burmese generals by the international
community, as the new Prime Minister.
Immediately, Gen. Khin Nyunt delivered a policy speech on 30 August and
announced a seven-point roadmap for transition to a "disciplined
democracy".
Gen. Khin Nyunt said, "... the government will be
implementing in a step-by-step and systematic manner the following political
program for building the nation. [1]
(1) Reconvening of the National
Convention that has been adjourned since 1996.
(2) After the successful holding of the National Convention, step by step
implementation of the process necessary for the emergence of a genuine and
disciplined democratic system.
(3) Drafting of a new constitution in accordance with basic principles and
detailed basic principles laid down by the National Convention.
(4) Adoption of the constitution through national referendum.
(5) Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies)
according to the new constitution.
(6) Convening of Hluttaws attended by Hluttaw members in accordance with the
new constitution.
(7) - Building a modern, developed and democratic nation by the state leaders
elected by the Hluttaw; and the government and other central organs formed by
the Hluttaw. .."
Since the entire
leadership of the NLD was under arrest, they were not in the position to make a
public response. However, according to the UN Special Envoy, Daw Aung San Suu
Kyi did not make any particular comments on it.
Instead, she just expressed her readiness to have a dialogue with Gen.
Khin Nyunt.
The NLD participated
in the National Convention when it was started in 1993, and on
The National Coalition Government of the Union of Burma rejected the roadmap proposed by Gen. Khin Nyunt declaring that it is “nothing more than a political ploy to ease mounting international pressure and prolong military rule.” With regard to the National Convention, the NCGUB reaffirmed its position that “A convention of national importance should be an inclusive process with proper representation and conducted in a democratic manner under an unbiased authority. SPDC’s convention dominated by military commanders and delegates selected by the military is only there to rubberstamp SPDC’s own idea.”[2]
The Committee Representing People's Parliament (CRPP) also responded that “the roadmap proposed by SPDC fails to resolve the political-economic crisis that the country is facing. It is indeed a continuous policy failure to implement the results of the 1990 general elections and disregard of the will of the nationalities and the citizens. To repeat the process of holding another election on the same pattern of 1990 elections which it initiated and failed to implement, will not be acceptable by the people under any circumstances.”[3]
The United Nationalities League for Democracy (UNLD) which is the umbrella organization of 25 ethnic based political parties, urged the SPDC to begin dialogue with NLD in order to establish an interim government or authority comprised of the CRPP and representatives of the SPDC. It further suggested that, “Should agreement be reached for the convening of a National Convention, it must be based upon the outcome of the 1990 elections. The elected representatives must be the basic force in the National Convention. The interim government should act as a supervisory body to the National Convention and formulate the basic guide lines and requirements. It should be started afresh and not as a continuation of the defunct convention.[4]
Similarly,
at a
"tripartite" meeting held in Panghsang, 13-15 October, three ethnic
nationality forces -- the Mong La, Shan, and Wa groups -- which have concluded cease-fire
agreement with the SPDC, agreed on a five-point position as a prerequisite for
the National Convention[5]. According to a joint statement released, the
three forces wanted: (1) Freedom of
meeting among leaders of ethnic nationalities prior to the convening of the
National Convention, (2) Delegates to the National Convention to be chosen
freely by each nationalities concerned, (3) The National Convention must be all
inclusive and participated by "proper" delegates, (4) Freedom of
discussion and freedom of activities during the National Convention, and (5) To
lay down democratic principles in order to establish a modern and developed new
democratic state.
"The National Convention being deemed as
central to the resolution of our internal problems, we have agreed to send
delegates to attend it if we are invited under the principles of Adherence to
democratic norms, Equality and Coordination," the statement added.
Above mentioned positions of democratic and
ethnic organizations on SPDC’s roadmap indicate the skepticism with the
National Convention process which was designed to prolong and legitimize
military rule against the will of the people as expressed through the 1990
general elections.
Should the military be serious about national
reconciliation, there is no other option but to immediately begin a substantive
political dialogue with the NLD led by Daw Aung San Suu Kyi and leaders of the
ethnic nationalities in order to establish an interim national reconciliation
government which will lead the course of democratic transition in
A constitution
making process, which can produce a long lasting social contract among ethnic
nationalities of
Since the
SPDC's real intention is to use the National Convention to impose the
military’s way to "disciplined democracy" in
The following are highlights of the military constitution that would be drafted by the National Convention.[6]
THE MILITARY
- The military is to be an extra-constitutional organization.
2. The Commander-in-Chief of the Defence Services is not subject to the constitution.
- The Commander-in-Chief will appoint twenty five percent of all
members of the
- The Commander-in-Chief of the Defence Services will also appoint the
- Minister for Defence
- Minister for the Interior
- Minister for Border affairs
THE PRESIDENT
1. The President is the Head of State. He must have military experience.
2. The President must not have parents, a spouse, or children who are foreign nationals.
3. The
President must have lived continuously in
4. The President will appoint Ministers in the Union Government with the exception of those appointed by the Commander-in-Chief. The ministers appointed by the President may be military personnel.
5. The
President will also appoint a Chief Minister for each State and Region in the
6. The
President will delegate all administrative and legislative functions of the
State to the respective organs of the
7. The President will appoint Judges of the Supreme Court but the President is not obliged to comply with the rulings of the Supreme Court.
THE NATIONAL
CONVENTION & ITS PROCEDURAL CODE
1. All 702 delegates to the National Convention were pre-selected by the military.
2. Only 99 delegates out of the total of 702 were elected representatives.
3. The military directly controlled the proceedings of the National Convention through its organizing committees (including the NCCC and the NCCWC).
4. Delegates may only speak before the National Convention if his or her speech had been pre-approved by the NCCWC.
5. Delegates may not deviate from the approved discussion paper.
6. Delegates may only express support for constitutional principles proposed by the military.
7. Delegates must not indulge in "grandstanding speeches", nor "use language damaging to national unity", nor speak "defamatorily against the beneficence of the State".
8. Delegates must not indulge in speeches "damaging the prestige of other organizations" (i.e. the military).
9. Delegates are not permitted to form a collective view on any issue.
10. Delegates may not distribute any papers on the convention premises, without the permission of the NCCWC.
11. All information related to the National Convention, including discussion papers, is deemed to be "state secrets".
12. Theoretically, it is 'illegal' to discuss even the colour of the floor coverings at the National Convention.
13. All "news" in relation to the National Convention may only be released by the military's NCCWC. (Breaches of these provisions are severely dealt with. One delegate, Dr Aung Khin Sint, was arrested and sentenced to 20 years imprisonment for distributing a paper among delegates)
14. Delegates to the National Convention are frequently subjected to intimidation by the military while the convention is out of session.
THE MILITARY'S DRAFT CONSTITUTION
The constitution presented to the delegates for ratification was drafted by the military prior to the convening of the National Convention. The delegates had no significant input.
1. There are no guarantees of democratic procedures for the election of people's representatives.
2. There are no general protections for the people in the constitution.
3. There are no human rights protections.
4. Freedom of association is not protected by the constitution.
5. There are no guarantees of free speech or political activity.
6. There is no freedom for the media.
LAW
NO. 5/96
Following its walk out
from the National Convention, the NLD announced that it would continue to work
on a new democratic constitution for
- draft and disseminate the constitution of the state,
- carry out the functions of the National Convention,
- deliver speeches or make statements to undermine, belittle and make people misunderstand the functions being carried out by the National Convention, and
- deliver speeches or make statements in order to undermine the stability of the State.
National
Coalition Government of the